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  • Charity & Security Network
    decided not to appeal an Aug 7 2012 decision of the Ninth Circuit Court of Appeals that ruled although the U S government violated the Foreign Intelligence Surveillance Act FISA when it wiretapped their conversations with foreign clients without court approval it is protected from paying damages by the sovereign immunity doctrine A petition for rehearing was denied on Dec 5 2012 They will not appeal to the Supreme Court attorneys in the case said on Jan 3 2013 in order to limit the precedent set to the Ninth Circuit Read more about No Appeal to Supreme Court in Al Haramain Bush Era Wiretapping Case VIDEO Senate Debate Fizzles Unchecked Wiretapping to Continue Date January 7 2013 On Dec 30 President Obama signed into law a five year extension of the FISA Amendments Act of 2008 The law extends powers of the National Security Agency to conduct surveillance of Americans international emails and phone calls without obtaining a court order Amendments that would have brought a degree of transparency and oversight to the government s activities were pushed aside with little or no debate In this short video Cato Institute research fellow Julian Sanchez breaks down the rushed debate over federal spying powers Read more about VIDEO Senate Debate Fizzles Unchecked Wiretapping to Continue VIDEO Senate Debate Fizzles Unchecked Wiretapping to Continue Date January 7 2013 On Dec 30 President Obama signed into law a five year extension of the FISA Amendments Act of 2008 The law extends powers of the National Security Agency to conduct surveillance of Americans international emails and phone calls without obtaining a court order Amendments that would have brought a degree of transparency and oversight to the government s activities were pushed aside with little or no debate In this short video Cato Institute research fellow Julian Sanchez breaks down the rushed debate over federal spying powers Read more about VIDEO Senate Debate Fizzles Unchecked Wiretapping to Continue Privacy and Civil Liberties Oversight Board Holds First Public Meeting Date November 4 2012 On Oct 31 2012 the Privacy and Civil Liberties Oversight Board PCLOB held its first meeting soliciting public feedback for its agenda and priorities Created in response to a recommendation of the 9 11 Commission the PCLOB is an independent body within the President s office with a mandate to ensure privacy and civil liberties in the creation and implementation of U S law and policy against terrorism The Defending Dissent Foundation Electronic Privacy Information Cent er and OMB Watch were among the groups who submitted comments and recommendations urging the board to be open and transparent in its own activities and conduct thorough oversight on the government s widespread surveillance regime including the collection and storage of data related to activist groups First Amendment activities and the NSA s warrantless wiretapping program Read more about Privacy and Civil Liberties Oversight Board Holds First Public Meeting Intelligence Director Issues Directive on Civil Liberties and Privacy Date October 2 2012 The Director of National

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=4 (2016-02-16)
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  • Charity & Security Network
    liberties would be preserved The Senate should move quickly to confirm the nominees to the board so that they can get to their important work Read more about Privacy Board Nominees Approved by Senate Judiciary Committee FBI Training Document Equates Activism with Terrorism Date June 12 2012 Federal Bureau of Investigations FBI training materials warn of domestic activists engaging in non violent civil disobedience making Freedom of Information Act FOIA requests and gathering in internet cafes and coffee shops according to a document obtained through a FOIA request made by the American Civil Liberties Union ACLU the Asian Law Caucus and the San Francisco Bay Guardian and made public on May 29 2012 The heavily redacted document suggests the FBI is training agents to identify and investigate domestic terrorist groups such as animal rights activists and environmentalists engaging in protected First Amendment activities Read more about FBI Training Document Equates Activism with Terrorism Lawsuit Targets NYPD s Muslim Surveillance Date June 11 2012 A lawsuit challenging the NYPD s extensive surveillance of American Muslim communities in New York and New Jersey was filed on June 6 2012 by a group of New Jersey residents mosques and other organizations It accuses the NYPD of violating their constitutional rights by targeting them for surveillance on the basis of their religion national origin and race Since August 2011 the Associated Press AP has reported on the extensive NYPD spying programs that took place in New York and New Jersey Read more about Lawsuit Targets NYPD s Muslim Surveillance DHS Releases List of Keywords Used to Monitor Social Networking Sites Date May 29 2012 Tweeting about aid or relief work may result in a closer look by the Department of Homeland Security DHS According to the UK s Daily Mail DHS released a list of keywords and phrases it uses to monitor social networking sites The list provides a peek into what DHS describes as signs of terrorist or other threats against the U S Some of the words included on the list law enforcement prevention initiative terrorism eco terrorism extremism and Iraq Others worm smart cloud extreme weather wave and pork The list was posted by the Electronic Privacy Information Center who filed a request under the Freedom of Information Act before suing to obtain the release of the documents Read more about DHS Releases List of Keywords Used to Monitor Social Networking Sites DHS Releases List of Keywords Used to Monitor Social Networking Sites Date May 29 2012 Tweeting about aid or relief work may result in a closer look by the Department of Homeland Security DHS According to the UK s Daily Mail DHS released a list of keywords and phrases it uses to monitor social networking sites The list provides a peek into what DHS describes as signs of terrorist or other threats against the U S Some of the words included on the list law enforcement prevention initiative terrorism eco terrorism extremism and Iraq Others worm smart cloud extreme

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=5 (2016-02-16)
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  • Charity & Security Network
    Damages for Illegal Surveillance to Another Charity Date May 17 2010 The legal proceedings following a federal court s March 2010 ruling in Al Haramain Islamic Foundation AHIF v Obama that the government illegally wiretapped the charity and two of its lawyers from Feb 19 2004 to Sept 9 2004 have raised a novel issue can the government pay a damage award to a listed terrorist organization Lawyers for AHIF have proposed a novel solution asking the court to turn over AHIF s share of the damages to one or more other charities Read more about Al Haramain Proposes U S Pay Damages for Illegal Surveillance to Another Charity Government Ordered to Pay 2 5 million for Illegal Wiretap of Charity and its Lawyers Date January 17 2011 On Dec 21 2010 a federal judge ordered the government to pay legal fees and damages for illegally spying on a U S charity Nine months after ruling that the government had conducted unlawful surveillance of phone calls between leaders of the now defunct Al Haramain Islamic Foundation Al Haramain and two of its U S attorneys U S District Court Judge Vaughn Walker awarded 20 400 to the attorneys He also awarded 2 5 million in attorney s fees to their lawyers Read more about Government Ordered to Pay 2 5 million for Illegal Wiretap of Charity and its Lawyers AG Holder Disturbed by NYPD Surveillance Date March 12 2012 U S Attorney General Eric Holder has confirmed the Justice Department is reviewing the NYPD s widespread surveillance of Muslims in the northeastern U S according to Democracy Now Testifying before a Senate panel on Feb 28 Holder said that police seeking to monitor activities by citizens should only do so when there is a basis to believe that something inappropriate is occurring or potentially could occur Over the last six months the Associated Press AP has revealed the inner workings of secret programs of the NYPD to monitor Muslims Dozens of mosques student groups and businesses have been infiltrated and police have built detailed profiles of innocent people Read more about AG Holder Disturbed by NYPD Surveillance AG Holder Disturbed by NYPD Surveillance Date March 12 2012 U S Attorney General Eric Holder has confirmed the Justice Department is reviewing the NYPD s widespread surveillance of Muslims in the northeastern U S according to Democracy Now Testifying before a Senate panel on Feb 28 Holder said that police seeking to monitor activities by citizens should only do so when there is a basis to believe that something inappropriate is occurring or potentially could occur Over the last six months the Associated Press AP has revealed the inner workings of secret programs of the NYPD to monitor Muslims Dozens of mosques student groups and businesses have been infiltrated and police have built detailed profiles of innocent people Read more about AG Holder Disturbed by NYPD Surveillance Investigation of Anti war Activists Remains Active Date February 15 2012 The investigation of the

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=6 (2016-02-16)
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  • Charity & Security Network
    American Civil Liberties Union released documents obtained under the Freedom of Information Act showing widespread abuse by FBI agents targeting people and groups for investigation based on their race or religion Read more about Revised Guidelines Lower FBI s Surveillance Bar un Patriot Act Turns Ten Date October 27 2011 Ten years ago the Patriot Act was signed into law dramatically expanding the government s authority to monitor the activities of all Americans While many think it was created to catch terrorists the Patriot Act actually turns regular citizens into suspects READ Muslim Advocates Oct 2011 report Losing Liberty The State of Freedom 10 Years After the Patriot Act illustrates how charitable giving has suffered because of stifling fears and confusing regulations LISTEN NPR report on how the U S government uses the Patriot Act mainly for investigations that are not related to terrorism LEARN ACLU s surveillance timeline highlights major surveillance related developments since 9 11 Read more about un Patriot Act Turns Ten un Patriot Act Turns Ten Date October 27 2011 Ten years ago the Patriot Act was signed into law dramatically expanding the government s authority to monitor the activities of all Americans While many think it was created to catch terrorists the Patriot Act actually turns regular citizens into suspects READ Muslim Advocates Oct 2011 report Losing Liberty The State of Freedom 10 Years After the Patriot Act illustrates how charitable giving has suffered because of stifling fears and confusing regulations LISTEN NPR report on how the U S government uses the Patriot Act mainly for investigations that are not related to terrorism LEARN ACLU s surveillance timeline highlights major surveillance related developments since 9 11 Read more about un Patriot Act Turns Ten Activist Group Wins Internet Free Speech Ruling Date July 19 2011 On July 18 2011 a federal judge ruled that RiseUp net a technology collective that provides free communication tools for activists does not have to release Internet account records that were subpoenaed Read more about Activist Group Wins Internet Free Speech Ruling Expanded FBI Surveillance Powers Raise Serious Privacy Concerns Date June 15 2011 The Federal Bureau of Investigations FBI amended its domestic intelligence guidelines to allow agents to conduct investigations without any suspicion of wrongdoing or accountability The expanded surveillance standards will make it easier for FBI agents to go through people s trash use surveillance teams and search police databases about people who even the FBI does not suspect in any criminal activity Criticism of the expanded powers has been widespread FBI Director Robert Mueller is expected to adopt the new Guidelines in Summer 2010 Read more about Expanded FBI Surveillance Powers Raise Serious Privacy Concerns DOJ Report Confirms Deficient Domestic Intelligence Oversight Date May 17 2011 Concerns about inadequate intelligence oversight were confirmed after an April 2011 Department of Justice report revealed that every government request to electronically monitor terror suspects in the United States in 2010 was approved The two page report said all 1 506

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=7 (2016-02-16)
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  • Charity & Security Network
    been eroded by technological change and Congressional action is needed to extend Fourth Amendment protections against unreasonable search and seizure of digital documents and other electronic information Read more about Conservative Groups Ask Congress to Update the 4th Amendment Protections for the Digital Age Judge Says Challenge to Bush Wiretapping Law May Proceed Date March 31 2011 On March 21 2011 a federal appeals court reinstated a lawsuit challenging the legal authority for U S intelligence agencies to conduct widespread electronic surveillance without court approval The American Civil Liberties Union ACLU and other groups had filed the lawsuit in July 2008 in response to the expanded surveillance powers authorized by the FISA Amendments Act FAA Read more about Judge Says Challenge to Bush Wiretapping Law May Proceed Lower Standards for Domestic Surveillance Leads to Thousands Targeted by FBI Date March 31 2011 Months after the standards governing domestic intelligence collection were lowered the Federal Bureau of Investigations FBI initiated over 11 000 assessments of people and groups across the U S According to a March 26 2011 New York Times article the overwhelming majority of inquiries between December 2008 to March 2009 did not trigger more substantial investigations and it is not known if any charges resulted from the inquiries Civil liberty advocates have criticized the relaxed rules that govern t Read more about Lower Standards for Domestic Surveillance Leads to Thousands Targeted by FBI Senate House Vote to Extend Patriot Act Provisions 90 Days Date February 18 2011 Update Feb 17 the House of Representatives joined their colleagues in the Senate and voted to extend the legal authority of three Patriot Act provisions for 90 days The president is expected to sign the bill before the provisions expire on Feb 28 The three month extension until May 27 gives Congress additional time to debate the surveillance provisions that have been criticized for violated privacy rights Read more about Senate House Vote to Extend Patriot Act Provisions 90 Days Dueling Patriot Act Reauthorization Bills Differ on Safeguards Timing Date February 1 2011 Senate and House committee leaders have introduced competing bills to extend expiring Patriot Act surveillance powers On Jan 26 2011 Senate Judiciary Committee Chairman Patrick Leahy introduced a bill that would extend the surveillance powers until December 2013 and include oversight measures to reign in abuses The bill offered by House Intelligence Committee Chairman Mike Rogers R MI in the House contains no additional oversight provisions and would expire in February 2012 The three provisions are set to expire on Feb 28 2011 Read more about Dueling Patriot Act Reauthorization Bills Differ on Safeguards Timing Nation Wide Protests Support Activists Refusal to Testify Date January 31 2011 Read more about Nation Wide Protests Support Activists Refusal to Testify DOJ Says Protections on Patriot Powers In Place Others Want More Debate Date December 15 2010 In a letter sent to Sen Patrick Leahy D VT on Dec 9 2010 Attorney General Eric Holder affirmed the implementation of limited civil

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=8 (2016-02-16)
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  • Charity & Security Network
    Promoting Tolerance Judge Rejects DOJ s Claims of Secrecy in Wiretapping Case Date May 11 2009 On Friday April 17 Judge Walker of the U S District Court for the Northern California District ordered the government to meet with attorneys representing the charity Al Haramain and either agree on a protective order that would safeguard classified information or submit a statement to the court detailing where they agree and cannot agree Where there is disagreement each party is required to state their position Read more about Judge Rejects DOJ s Claims of Secrecy in Wiretapping Case Maryland Lawmakers Limit Covert Police Surveillance Date May 11 2009 Responding to the outcry over covert police surveillance of peaceful activists meetings Maryland lawmakers voted on March 24 2009 in favor of a bill to protect residents from having authorities violate their First Amendment rights The House of Delegates and Senate approved similar bills and Governor Martin O Malley has expressed his commitment to signing Read more about Maryland Lawmakers Limit Covert Police Surveillance House Hearing on Fusion Centers ACLU Calls for DHS Investigation Date May 11 2009 A Congressional hearing on fusion centers state based information sharing collaborations between federal state local and tribal law enforcement agencies heard several witnesses who acknowledged that privacy and civil liberties problems in fusion center operations must be addressed One witness said these problems are so severe that the fusion centers should be closed On the same day the American Civil Liberties Union ACLU called on DHS to probe five f Read more about House Hearing on Fusion Centers ACLU Calls for DHS Investigation DHS Report on Rightwing Extremism Puts Napolitano on Defensive Date May 11 2009 On April 15 2009 Homeland Security Secretary Janet Napolitano responded to criticism from lawmakers conservatives and veterans groups about a

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance?type=All&page=13 (2016-02-16)
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  • Due Process Overview | Charity & Security Network
    Call to Re write Rules for Shutting Down Charities Court State Dept Must Act on MEK s Status as Foreign Terrorist Organization Eight Year Battle for Removal from UN Terrorism Blacklist Succeeds MEK Remains On Terror List 2010 2011 UN Report Urges for More Transparency During De Listing Process Good Wife TV Show Highlights Restrictions on Lawyers Representing Groups on Terrorist List State Departments Decision About DeListing MEK to be Made before Year s End Government Tells Judge that Giving Reasons for Shutting Down Charities Too Burdensome Charity Leader Released as FBI Tampering with Evidence Comes to Light Al Haramain v Obama Decision Holds Wiretap of Charity Illegal UN Approves Reforms for Terrorism Lists 2009 Judicial Review Established for Charities in the UK Appeals Court Declines to Rule on Constitutionality of Presidential Power to Shut Down Charitie s House passes Bill Creating Right to Contest Placement on Watch Lists CSN Proposals Charity and Security Network 2008 Reforms Proposal Charity and Security Network Model Policies for Listing and De Listing Charities Charity and Security Network Principles to Guide New Policies Litigation Overviews Al Haramain v Treasury KindHearts v Treasury Resources Summary of Laws Giving Treasury Power to Shut Down Charities CHART Charity and Security Network Model for Due Process A Comparison with Current Law Analysis of The Procedures for Sanctions Against Charities Act of 2011 Due Process Bills Before Congress Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism State Secret Privilege Guidelines Constitution Project Reform Recommendations to Obama Transition Team Reports A License to Aid How Politics Delays Aid to Civilians in Conflict Zones 2011 More Transparency Needed During UN De Listing Process 2009 Overdue Process Protecting Human Rights While Sanctioning Alleged Terrorists Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access

    Original URL path: http://www.charityandsecurity.org/Due_Process_Overview%20 (2016-02-16)
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  • Treasury Declines Review of 'Constitutionally Flawed' Terrorist Listing Procedures After Letter from Congress | Charity & Security Network
    In addition the courts found that assets cannot be frozen without a court order based on probable cause Cohen s letter cites Al Haramain v Treasury and Kindhearts v Treasury as examples of Treasury s constitutionally flawed process In Al Haramain the U S District Court in Oregon ruled that Treasury violated the organization s Fifth Amendment due process rights because they waited eight months before giving a reason for freezing the charity s assets and did not provide a meaningful way for the charity to respond It also cited asset freezing without a court order as a violation of the Fourth Amendment s prohibition on unreasonable seizures In September 2011 the Ninth Circuit Court of Appeals upheld the decision and the government did not ask the Supreme Court to review it In the KindHearts case the court for the Northern District of Ohio similarly found that Treasury violated the rights of the charity for freezing its assets without notice and without an opportunity to appeal The letter also points out Treasury s arbitrary and capricious refusal to allow the charities to pay for legal services with their frozen assets during the trials Cohen argues that a review would demonstrate respect for the rule of law and would increase the credibility and integrity of the terrorist listing process by making it more transparent and accountable His request follows a letter sent by civil society leaders to then Secretary Timothy Geithner in July 2012 calling for a review process with input from nonprofit groups Signers Kay Guinane Director of the Charity Security Network Dr Azizah al Hibri Founder and Chair of KARAMAH and Sharon Bradford Franklin Senior Council for the Constitution Project argued that the current listing process creates a chilling effect on charities New procedures would assure charities that the

    Original URL path: http://www.charityandsecurity.org/news/Rep_Cohen_Call_For_Treasury_Review_Terrorist_Listing (2016-02-16)
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